Tag Archives: Green Belt

Jotmans Farm Green Belt Development Appeal Update

Following the Secretary of State’s decision following the Appeal inquiry into the proposed Jotmans Farm Green Belt Housing Development, the developer registered a High Court challenge over the decision of the SoS and Castle Point council.

CPBC Councillor A. Sheldon has issued this notice:

Dear Residents,

I have just received the news that the Developers have not been granted permission to appeal the Jotmans decision by the Secretary of State!!!

This means that no appeal hearing will take place. They made an application for an appeal and it got refused!!! THE DECISION STANDS. JOTMANS WILL NOT BE BUILT ON.

I have received word that they are looking to get this decision reviewed (the decision not to review the decision…..), but I am confident this will get thrown out. With every unsuccessful legal bid they make, the case they have grows weaker and weaker. As your local councillor I will keep on monitoring this and keep you updated.

Our message to the developers: “Democracy has won. Take your money and build homes on sites the community want, not ones that are easy”.

Well done again to all those who kept the faith and supported our cause. I also want to thank the Jotmans Farm Action Group who fought this application hard from day 1. We can all rest that little bit easier now.

We are not completely out of the woods just yet, but we one last step away and I will be dammed if I am going to let anything make us stumble now.

I will be putting out a letter to let the rest of the estate know at the weekend and if anyone could volunteer to deliver their road I would be grateful.

Kind regards,

Councillor Andrew Sheldon

Jotmans Magaret March Benfleethistory.org.uk

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Persimmon’s Increase Profits 30% – Land Bank nears 100,000 Sites!

Persimmon has eyes on Castle Point. Their Jotmans Farm proposal, turned down by the Secretary of State, is due to be challenged on Appeal in the High Court.

Previously they have Withdrawn their proposal for 265+ dwellings at East of Canvey Road, Canvey Island.

Persimmon’s half year returns indicate a startling uplift in Profits And Land Bank sites!

One of the UK’s largest house builder has increased its profits by 30% as its Land Bank nears 100,000 Sites!

Telegraph Business Reported;

FTSE 100 housebuilder Persimmon has reported a 30pc jump in profits in the first half of the year as it avoided the effects of a slowdown in the housing market.
Persimmon’s pre-tax profits rose 30pc to £457.5m in the six months ended June 30, while revenues were up 12pc to £1.66bn.
It built 556 new homes in the period, an increase in completions of 8pc to a total 7,794, as it made the business more efficient. Its average selling price rose 4pc to £213,262.
“The market remains confident,” said chief executive Jeff Fairburn. “Customer interest in our developments remains strong with encouraging levels of interest through both our websites and our sales outlets as we trade through the quieter summer weeks.

“Whilst we remain vigilant to changes in market conditions we also recognise we are in a strong position to take advantage of opportunities that arise.”

However the company said it would “remain cautious” when it comes to investing in new land, primarily due to Brexit-induced uncertainty facing the economy.

It was boosted by the Government-backed scheme Help to Buy, which Anthony Codling, an analyst at Jefferies, said was “acting as a bullet-proof vest for the new-build sector allowing it to ride above the challenges faced by the second hand market”.

 He added: “Persimmon [is] continuing to balance the market’s appetite for more new homes with investors’ desires for higher cash returns”.

The housebuilding giant sells around half of its homes using the scheme, which allows buyers to purchase a new-build property with a 5pc deposit. Earlier this month, Persimmon’s share price fell 6.6pc in one day after a news report suggested that Help to Buy could be ended before its planned date of 2021. After the Government confirmed it would not, the share price rebounded.

Mr Fairburn said: “We should take confidence from the fact the scheme works very well. It does what it was intended to do. The Government should be pleased it stimulated housebuilding, and more people can buy new houses.”

Laith Khalaf, a senior analyst at Hargreaves Lansdown, said: “The latest results from Persimmon have a bit of swagger about them, and well they might, with profits rising by almost a third despite a slowdown in economic growth.

“The UK housebuilding sector is still sitting pretty, with interest rates staying low, the Help to Buy scheme supporting demand, and a lack of supply helping to boost prices.”

CPBC councillors in no Hurry, despite Canvey Brown field Land being up for Grabs!

The Castle Point Local Plan wheels of Motion turn Notoriously Slowly.
It was apparent from the debate during full council that nothing had progressed following cabinets “noting” of the requirement to compile a List of Brown field land Register, Part 2 of which would be granted Planning in Principle to support Housing supply within the Local Plan.

Cabinet Councillors spoke of forming a committee to consider appropriate land to be included in the Brown field Register and a similar debate during full council indicated no appointments made, nor meetings planned, in the meantime following the cabinet’s decision! With August arriving few meetings are usually scheduled due to holidays.
This Brownfield register may be seen as the mainland residents Green Belt life saver, as many brown field sites have been rumoured to have already been identified on Canvey Island.

Paddocks

As with all cpbc committees the balance of power rests with the mainland councillors so we can expect the development land identified to receive a Planning Inspector’s response to raise concerns on “the consequences of this on the distribution of growth across the Borough!”

However there is an opportunity for CITC to partake

“Notification for parish councils and neighbourhood forums of proposal to enter land in Part 2 of the Brownfield register; 

Where the council of any parish, or a neighbourhood forum, (“the relevant body”) in the area of the local planning authority have—

(a) requested the authority to notify it of a proposed entry of land in Part 2, and

(b) the land to which the proposed entry relates is within the area of the relevant body, the local planning authority must notify the relevant body of the proposed entry by serving requisite notice on it”

The driving force on compiling this Register, expected complete by the End of 2017, appears left to councillors with leading officers now having taken consultation only positions.

It appears that the first point of debate should be, but will most likely be disregarded, what constitutes Brown field land.

If you were to simply swallow what some local protagonists claim, Green Belt is held akin to:

And did those feet in ancient time Walk upon England’s mountain green? And was the holy Lamb of God On England’s pleasant pastures seen?

Rather than:  Green Belt serves five purposes:

  • to check the unrestricted sprawl of large built-up areas
  • to prevent neighbouring towns merging into one another
  • to assist in safeguarding the countryside from encroachment
  • to preserve the setting and special character of historic towns
  • to assist in urban regeneration, by encouraging the recycling of derelict and other urban land

This is recognised by Chelmsford City Council;

In their Local Plan Preferred Options Document they state:

Green Belt  A national planning policy designation given to land. Green Belts were designated to stop the uncontrolled growth of large cities and towns.    The Green Belt can include both greenfield and brownfield sites in areas with both good and poor landscape value.”

Our local Castle Point councillors will do well, if they were indeed intending to work towards bringing forward a Local Plan rather than extending the process indefinitely, to first understand and absorb this definition.

Of course that may not be their most important driving force!

Government regulation and advice on the compiling of Registers of Brownfield Land includes:

The regulations require local authorities to prepare and maintain registers of brownfield land that is suitable for residential development. The Order provides that sites entered on Part 2 of the new brownfield registers will be granted permission in principle.

The proposals came in to force in mid April 2017. Local authorities will be expected to have compiled their registers by 31 December 2017.

The (Government) department’s rigorous new burdens assessments ensure local planning authorities receive the relevant resources to meet their statutory obligations. We have written to authorities informing them of the grant funding that they will receive to cover their new responsibilities.

We (the Government) intend to publish statutory guidance to explain our policy for brownfield registers in more detail by Summer 2017. It will also set out our expectations for the operation of the policy and the requirements of the secondary legislation.

Brownfield registers will provide up-to-date, publicly available information on brownfield land that is suitable for housing. This will improve the quality and consistency of data held by local planning authorities which will provide certainty for developers and communities, encouraging investment in local areas. Brownfield registers should include all brownfield sites that are suitable for housing development irrespective of their planning status.

Local planning authorities who are required to develop a Local Plan under Part 2 of the Planning and Compulsory Purchase Act 2004 will be required to have a register covering the area of the local plan.

The regulations set a process for identifying suitable sites, including the requirements for keeping a register and the criteria for assessing sites. (The regulations also set out the requirements for publicity and consultation where an authority proposes to enter sites on Part 2 of the register.) There is a duty on local planning authorities to have regard to the development plan, national policy and advice and guidance when exercising their functions under the brownfield register regulations.

the timescale is realistic. Local authorities already collect and review information on housing land as part of the well established Strategic Housing Land Availability Assessment process and the requirements for preparing registers are aligned to this process as far as possible. Seventy-three local planning authorities have piloted the preparation of brownfield registers and their experience has helped to shape the policy and requirements.

Putting a site on Part 1 of a register does not mean it will automatically be granted permission in principle. Local planning authorities will be able to enter sites on Part 2 of the register which will trigger a grant of permission in principle for those sites suitable for housing-led development only after they have followed the consultation and publicity requirements, and other procedures set out in the regulations and they remain of the opinion that permission in principle should be granted. Those sites which have permission in principle for housing-led development will be clearly identified by being in Part 2 of the register.

Where a site on a register is considered to be deliverable within 5 years it can be counted towards the 5-year housing supply. Local planning authorities will be required to indicate whether sites are ‘deliverable’ when entering data on their registers.

Local planning authorities must take into account the National Planning Policy Framework when identifying sites to include in their brownfield registers. The Framework has strong policies to protect the natural and built environment and conserve and enhance the historic environment. It also requires authorities to ensure that a residential use is appropriate for the location and that a site can be made suitable for its new use.

Brownfield registers complement the existing Local Plan processes for identifying sites that are suitable for housing. When preparing their plans, local planning authorities are required, through the preparation of Strategic Housing Land Availability Assessments to identify housing sites on brownfield land and other land that is suitable for housing. The regulations ensure that the process of identifying suitable sites for the brownfield register is aligned to the Strategic Housing Land Availability Assessment process, and so proactively supports the plan-making process.

Permission in principle will settle the fundamental principles of development (use, location, amount of development) for the brownfield site giving developers/applicants more certainty.

Jotmans Farm High Court Appeal – NOT for Castle Point council to Defend?

Green Belt Campaigners, particularly those concerned for the future of Jotmans Farm, having been kept well and truly in the dark over the High Court challenge to the Secretary of State’s decision to oppose development of the area, should be concerned to note the apparent inactivity by Castle Point Borough Council.

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Mushroom syndrome where you’re kept in the dark

The statement issued by CPBC as reported in the Echo Newspaper reads;

“As the appeal is actually against the decision of the Secretary of State, it is for the Secretary of State to defend.”

“The council is monitoring the situation, councillors have been kept informed..”

The second point made by CPBC and why it was felt it un-necessary to inform residents, we covered HERE.

If you have read the Post’s link and read the contents you will be aware that, in the case of the Glebelands High Court Appeal, Castle Point Council were named as Defendents!

So referring back to the cpbc statement in the Echo above, it may appear to be a remarkably un-reassuring and passive position for our Local Authority to assume!

After all, as recently as the 11th July of this year Essex County Council, to which Castle Point residents are represented Agreed the following Motion, passed with Unanimous Approval

Perhaps some clarity is deserved by Residents from our local councillors after reading the following, of which they will also be aware;

Planning and Infrastructure

At the July 2017 Essex County Council meeting, it was Agreed (with UNANIMOUS Cross-Party support) that;

Essex County Council will not support Local (Development) Plans unless adequate resources are identified from developers, local councils and/or Government grants to ensure that sufficient infrastructure, including roads, schools, medical facilities, parking, sewerage and drainage, is provided in a timely manner and in a way that balances the needs to promote economic growth and provide housing for residents whilst protecting their quality of life.

Given the significant housing development emerging from Local Development Plans, this Council reaffirms its commitment to this policy. This Council also expresses its concern that whilst Local Development Plans and Neighbourhood Plans are being progressed to decide where this housing should be best located, some developers are exploiting the lack of a 5 year housing supply to gain planning permission on greenfield sites, often outside the development boundary, even when these sites have been excluded from the draft local plan and in some cases where there are brownfield sites available or in the pipeline.

This Council therefore calls on the Secretary of State for Communities and Local Government to issue urgent statutory guidance, which removes the opportunity for this exploitation and protects valued greenfield sites from predatory development.

Previously agreed at the October 2014 Full Council meeting.

It would appear negligent if legal representation was not made during the High Court Appeal by Castle Point Council to reiterate the County Council’s Policy on exploitation of Green Belt sites, especially those which will undoubtedly have a major impact upon road infrastructure, especially during the cpbc Local Plan process.

Castle Point Residents Ill-informed or Gullible? Green Belt Saved or still in Jeopardy?

Be In No Doubt Canvey Island residents stand to be affected by the development of Jotmans Farm, as much as the Jotmans Farm residents do themselves!

Once all phases of the Jotmans Farm proposal is completed there is a plan to construct a Roundabout to allow traffic from the 800 dwelling estate, onto Canvey Way!

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Not only that, but the much Heralded retail extension nearby Morrisons on Canvey Island with the promised Marks and Spencer / Waitrose food, B and M and Sports Direct outlets, will add more Motorists Misery, entering and leaving via the Waterside Farm Roundabout and the local areas!

Recently the Jotmans farm Green Belt campaigners have been left to “discover” that Persimmons have decided to challenge the Secretary of State’s decision in the High Court.

The Secretary of State’s decision, generally portrayed to Residents as being a signal that not only Jotmans Farm, but also Green Belt in General, was Saved from Development, was Released on the 21st April 2017.

And so we headed for the Polling Stations, on the 4th May for the Castle Point Borough Council Elections and the General Election on the 8th June.

Possibly, Unfortunately the Election Period of Purdah may play some legal significance.* See below.

Through an email released by the Jotmans Farm campaign group, we gather that they are being led to believe that none of the Lead Group of Castle Point councillors were aware, or felt it unimportant to make the information known to Residents, that High Court action threatened the Jotmans Farm Decision!

Castle Point Council are an “Interested Party” in the High Court action. One only has to refer to the Glebelands case to be aware that CPBC should be involved:

Case No: CO/10476/201

IN THE HIGH COURT OF JUSTICE

QUEEN’S BENCH DIVISION

ADMINISTRATIVE COURT

 Manchester Civil Justice Centre

Date: 17/01/2014

Before :

THE HON MR JUSTICE BLAKE

Between:

 

FOX LAND AND PROPERTY LIMITED

Claimant

 

– and –

 

 

SECRETARY OF STATE FOR COMMUNITIES AND LOCAL GOVERNMENT

-and-

CASTLE POINT BOROUGH COUNCIL

 

 

 

Defendants

Would the Castle Point officers not have immediately informed the Lead councillors, could the councillors not have been Open and Transparent and informed their Residents, of the Legal move?

In the Echo newspaper it is reported that Jotmans farm residents clutch at the possibility that the Persimmon legal team, left it beyond the 6 weeks to challenge the Secretary of State’s decision. CPBC appear to leave this desperate hope hanging.

In our humble opinion we find it inconceivable, not only that the Persimmon legal team would be so inefficient, surely the challenge would have been dismissed should the 6 week time limit to challenge the decision have elapsed, but that some lead group Castle Point councillors to be unaware cpbc are an Interested Party in the High Court case!

CPBC are quoted in the Echo “As the Appeal is actually against the decision of the Secretary of State it is for the secretary of State to defend.” …..”councillors have been kept informed…”

We fear on behalf of Jotmans Farm and Canvey Island residents, on whom this development will impact upon, that the release date of the Secretary of State’s decision and the dates of the Local Elections may well have had some influence, as well as having some legal impact.

* “The term ‘purdah’ is in use across central and local government to describe the period of time immediately before elections or referendums when specific restrictions on the activity of civil servants are in place. The terms ‘pre-election period’ and ‘period of sensitivity’ are also used.
The pre-election ‘purdah’ period before general elections is not regulated by statute, but governed by conventions based largely on the Civil Service Code.
The pre-election period for the 8 June General Election will start on midnight on Friday 21 April 2017.
A ministerial statement gave details of the different ‘purdah’ periods for the different elections on 5 May 2016: The period of sensitivity preceding the local, mayoral and Police and Crime Commissioner elections starts on 14 April”
Source: House of Commons Library Published Friday, April 21, 2017

Defending Castle Point Green Belt, Nimbyism, or worthwhile protection of our Environment?

Encouragingly Castle Point council have again refused permission to develop another Green Belt site.

This time at Catherine Road, Benfleet, where a wooded site had been cleared prior to a proposal for 6 detached houses.

Castle Point, as many will be aware, are without a recognised required 5 Year Housing Supply. At the development committee meeting it was reiterated that the “emerging” local Plan, will include a 5 Year Housing Supply, albeit supported by previously developed Green Belt being released for development. The question of deliverability will be the issue scrutinised by developers and an Inspector.

However, apparently less encouragingly this very week the Telegraph newspaper published a controversial article adding even more pressure from the government on local authorities to supply even more homes than previously expected, in areas such as Castle Point.

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The Telegraph article reads;

“Families living in some of the most sought-after parts of the country will be forced to accept more homes being built near them to tackle the housing crisis, the Communities Secretary has said.

Sajid Javid said that he wants communities which have benefited from soaring property prices to play their part in solving the housing crisis.

New rules to force councils to increase their housing targets will be published in the next three weeks.

Mr Javid’s comments could be seen as a new assault on homeowners with a Nimby” – “Not In My Back Yard” – attitude towards new development. It could also prove controversial with grassroots Tory voters, many of whom live in affluent areas.

But last week, Damian Green, the First Secretary of State, said the Conservative Party had to focus on building affordable homes and creating jobs for “young metropolitan” voters if it wants to expand its support base and win the next general election.

Mr Green suggested that the Conservatives’ defeat (sic) at the general election last month was in part because they had allowed Jeremy Corbyn’s Labour party to seduce younger voters who have struggled to get onto the housing ladder.

Separately, ministers will say on Wednesday that towns and villages across England could get a share of £1billion a year to build bypasses and protect beauty spots from the “misery of lorries and thundering traffic”.

Mr Javid used a speech to council leaders to set out the Government’s plans to deal with the housing crisis and have “a much more frank, open discussion with local residents and communities” about housing.

 

This means wealthy communities living in areas “where housing is particularly unaffordable” have to accept that more homes needed to be built nearby.

He told council leaders at the Local Government Association’s annual conference: “Nothing is more corrosive to trust than the idea that some areas are being treated better than others.

“Where housing is particularly unaffordable, local leaders need to take a long, hard, honest look to see if they are planning for the right number of homes.

 One source at the department said part of the problem was that “you see more active groups locally contesting against decisions” in wealthy areas.

It comes six years after the Government clashed with rural campaigners over plans to make it easier to build on green belt land by relaxing planning laws in favour of developers.

Mr Javid directly criticised Theresa May, the Prime Minister, along with her predecessors in Downing Street, for not doing more to provide enough homes for young families.

He said: “Since the 1970s – under Wilson, Callaghan, Thatcher, Major, Blair, Brown, Cameron and now May – we’ve supplied an average of 160,000 new homes each year. That’s far below what’s needed.”

A new Government consultation paper published this month will provide a “new way for councils to assess their local housing requirements”, Mr Javid said.

 

Councils are expected to be asked to commission an assessment of how much and what kind of housing is needed in their area. Councils will then use it to inform the housing target in the local plan which sets out where new homes can be built. The target will be reassessed every five years.

 

The new way of calculating housing need is expected to result in increases of up to 25 per cent in housing forecasts in the Home Counties, campaigners fear.

Mr Javid said: “Our aim is simple: to ensure these plans begin life as they should, with an honest, objective assessment of how much housing is required.

“That means a much more frank, open discussion with local residents and communities.”

The new initiative for more homes would involve “courage to both conceive and execute”, he said: “There will be tough decisions, difficult conversations. But that is what political leadership is about.”

Mr Javid said ministers would ensure that the extra schools, roads and doctors’ surgeries for the new homes would be built.

A spokesman for Mr Javid’s department said: “We want to make sure that local plans are based on an honest assessment of the need for new homes in local authority areas, and are formed in a transparent way that gives communities a strong voice to shape their area.”

Article by Christopher Hope,

Photograph, illustrative purposes only.

A Tactical Withdrawal, temporary Reprieve? What is going on at Castle Point Council and its Local Plan?

In a letter from Castle Point Council, dated 31st May 2017, we learn of the latest developments in the Persimmons proposal to develop the Dutch Village Green Belt;

Dear Sir/Madam

 

Proposal: Erect up to 275 new homes and retail/community facilities (use classes A1, A2, A3, A4, A5, C2 and/or D1) with new roundabout junction onto A130 Canvey Road, associated parking, open space, ecological enhancements, landscaping, drainage and flood mitigation measures (outline)
Location: Land To The East Of Canvey Road Canvey Island Essex

 

I refer to my consultation letter in respect of the above application and write to advise you that the application has been withdrawn and the Council will not therefore take any further action in the matter.

 

I thank you for your interest in the proposal and I will ensure that you are consulted again if a further application is submitted in the future.

 

Yours faithfully,

S Rogers

Head of Regeneration & Neighbourhoods